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Checklist and audit trail for compliance with Data Protection Act ...

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<strong>Data</strong> <strong>Protection</strong> <strong>Act</strong> (DPA) 1998 Key Principles<br />

<strong>Data</strong> may only be used <strong>for</strong> the specific purposes <strong>for</strong> which it was collected.<br />

<strong>Data</strong> must not be disclosed to other parties <strong>with</strong>out the consent of the individual whom it is<br />

about, unless there is legislation or other overriding legitimate reason to share the<br />

in<strong>for</strong>mation (<strong>for</strong> example, the prevention or detection of crime). It is an offence <strong>for</strong> Other<br />

Parties to obtain this personal data <strong>with</strong>out authorisation.<br />

Individuals have a right of access to the in<strong>for</strong>mation held about them, subject to certain<br />

exceptions (<strong>for</strong> example, in<strong>for</strong>mation held <strong>for</strong> the prevention or detection of crime).<br />

Personal in<strong>for</strong>mation may be kept <strong>for</strong> no longer than is necessary.(Kept up to date)<br />

Personal in<strong>for</strong>mation may not be transmitted outside the European Economic Area unless the<br />

individual whom it is about has consented or adequate protection is in place, <strong>for</strong> example by<br />

the use of a prescribed <strong>for</strong>m of contract to govern the transmission of the data.<br />

Subject to some exceptions <strong>for</strong> organisations that only do very simple processing, <strong>and</strong> <strong>for</strong><br />

domestic use, all entities that process personal in<strong>for</strong>mation must register <strong>with</strong> the<br />

In<strong>for</strong>mation Commissioner's Office.<br />

Entities holding personal in<strong>for</strong>mation are required to have adequate security measures in<br />

place. Those include technical measures (such as firewalls) <strong>and</strong> organisational measures (such<br />

as staff training).<br />

Subjects have the right to have factually incorrect in<strong>for</strong>mation corrected (note: this does not<br />

extend to matters of opinion).<br />

Definitions<br />

Personal <strong>Data</strong> - Any data which can be used to identify a living person. This includes names,<br />

birthday <strong>and</strong> anniversary dates, addresses, telephone numbers, fax numbers, email addresses <strong>and</strong><br />

so on. It applies only to that data which is held, or intended to be held, on computers ('equipment<br />

operating automatically in response to instructions given <strong>for</strong> that purpose'), or held in a 'relevant<br />

filing system'. This includes paper filing systems.<br />

Strong Password – Password which is 8 characters minimum length, contains upper <strong>and</strong> lower<br />

case alphabetical characters <strong>and</strong> numbers or punctuation characters. It should not contain<br />

dictionary words, the owner’s date of birth or car registration number.<br />

Encryption – Process of trans<strong>for</strong>ming in<strong>for</strong>mation (referred to as plaintext) using an algorithm<br />

(called a cipher) to make it unreadable to anyone except those possessing special knowledge,<br />

usually referred to as a key.<br />

What Constitutes a Successful DPA Audit?<br />

Schools should have a data security policy that is relevant to the school <strong>and</strong> it should be<br />

reviewed regularly. If schools do not answer “yes” to all the questions posed in this<br />

checklist they are not fully compliant <strong>with</strong> Brent Schools’ <strong>Data</strong> Security Strategy.<br />

Issue 3.1 By K Bailey, 25-Nov-09

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